Appointment of Tyabji as Advisor not in violation of Constitution:

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Srinagar, Oct 24 (UNI) A spokesperson of the Law Department reacting to a news report carried by a section of the press about the appointment of H H Tyabji as Advisor to Jammu and Kashmir Governor N N Vohra has said that it does not reflect the provisions of the Constitution in its true perspective.

He said that under Section 132 of the State Constitution, the Chairman and the Members of the Public Service Commission (PSC) become ineligible for further office under the government after the expiry of their term as Chairman or Member of the Commission.

The said Section provides that for the purpose of Section 132, the office of Minister or Deputy Minister shall not be deemed to be in office under the Government of the state.

He further clarified that the Minister has been defined under clause (24) of Section-3 of the General clauses Act, Svt 1977, as amended from time to time, to include every person appointed as Advisor to Governor consequent upon the Governor assuming the function of the Government of the state under Section 92 of the Constitution of Jammu and Kashmir.

He said in terms of the said definition, a Minister, which includes the Advisor, read with the explanation to Section 132, it becomes clear that the prohibition imposed under the said section of the Constitution of Jammu and Kashmir does not apply to the Advisor who has been included in the definition of Minister under the General Clauses Act.


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